Charges dismissed against former Philadelphia police officer brothers

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A Philadelphia judge dismissed assault and other charges Tuesday against two former city police officers who are brothers, stemming from an off-duty encounter in which they allegedly injured a man they mistakenly thought was breaking into cars.

A Philadelphia police inspector and a former detective are facing charges after they allegedly assaulted a man with Asperger’s syndrome they wrongly accused of breaking into cars while they were both off-duty last summer, District Attorney Larry Krasner said Thursday.

Attorney Fortunato Perri, Jr., who represents James Smith and whose firm also represents Patrick Smith, said in a statement Tuesday that the charges were dismissed because prosecutors failed to prove a crime was committed. He said both men looked forward to continuing their careers in law enforcement, but it was unclear if either planned to challenge the disciplinary actions related to the charges and seek a return to their jobs.

Philadelphia Police said David Smith was suspended for 30 days with the department’s intention to fire him shortly after the charges were announced.

 

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